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“genuineness of the transaction”

Cash Credits & Unexplained ItemsSection 68Section 685,938 judgments

The decision most relied on for genuineness of the transaction is Sumati Dayal v. CIT (214 ITR 801), cited in 1,967 judgments on BharatTax.

Leading authorities on genuineness of the transaction

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

CIT v. Durga Prasad More
82 ITR 540 · 1971 · Supreme Court
1,579
citing judgments

Tax authorities must judge evidence using the test of human probabilities and consider the apparent as real until there are reasons to believe it is not. They can rely on circumstantial evidence and the preponderance of probabilities to determine the genuineness of transactions.

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

Umacharan Shaw & Bros. v. CIT
37 ITR 271 · 1959 · Supreme Court
567
citing judgments

An income tax assessment or addition cannot be sustained solely on the basis of suspicion, surmises, or conjectures, as strong suspicion does not amount to proof. The revenue authorities must rely on concrete evidence and material to frame an assessment.

Judgments citing genuineness of the transaction

General Motors Technical Centre India Pvt Ltd, Gurugram vs. ACIT, Circle, 1(1), Gurugram

In the result, appeal filed by the assessee is allowed

ITA 2215/DEL/2022[2018-19]Status: DisposedITAT Delhi24 Apr 2025AY 2018-19

Bench: Shris.Rifaur Rahmansunita Sarda, Vs. Acit, Circle 71 (1), 5/5761, Dev Nagar, Karol Bagh, New Delhi. New Delhi – 110 005. (Pan : Aanps7143M) (Appellant) (Respondent) Assessee By : Ms. Vidhi Mangla, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 12.03.2025 Date Of Order : 14.05.2025 O R D E R 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals/National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To ‘Ld. Cit (A)’) Dated 06.06.2023 For Assessment Year 2011-12. 2. Brief Facts Of The Case Are, Assessee Has Filed Her Return Of Income For The Year Under Consideration On 29.09.2011 Declaring Total Income Of Rs.4,42,000/-. The Department Has Received Information From Office Of Ddit (Inv.), Unit 6 (3), New Delhi On 06.03.2018 That The Assessee Has Taken Bogus Accommodation Entry Amounting To Rs.17,25,000/- During Fy 2010-11 By Trading In The Penny Scrip I.E. M/S. Global Capital

For Appellant: Ms. Vidhi Mangla, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 10Section 10(38)Section 115BSection 142(1)Section 143(2)Section 148Section 68

wherein it has been held by the Hon'ble Gujarat High Court that the Assessee has duly discharged its onus to prove the genuineness of the transaction by furnishing all the relevant documentary evidences sought by the Department. The relevant portion of the judgement has been extracted herein below ... same in the financial year 2013-14 resulting in Long Term Capital Gain. The assessee has submitted various documentary evidences to prove the genuineness of the transaction of sale and purchase of shares which includes a copy of purchase bill dated 22.02.2010; a copy of share transfer form

Income Tax Officer, Vejapur vs. Darshan Orna Limited, Navrangpura

In the result, Revenue’s appeal is accordingly allowed for statistical purposes

ITA 1606/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad23 Apr 2025AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1606/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Income Tax Officer Darshan Orna Limited बनाम/ Vejalpur 102, Shri Balaju Paragon V/S. Ahmedabad – 380 015 C.G. Road Navrangpura Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aadcd 7142 E अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Deepak Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/04/2025 घोषणा की तारीख /Date Of Pronouncement: 23/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 143(2)Section 143(3)

thereby leaving the sales and purchases claimed by the assessee unverified. It was submitted that this failure of independent verification severely undermined the genuineness of the transactions, and ITO vs. Darshan Orna Ltd. Asst. Year : 2017-18 9 that the CIT(A) had overlooked this crucial aspect while deleting ... absence or insufficiency of audited quantitative particulars further necessitates independent verification of the quantitative records maintained by the assessee to corroborate the genuineness of the transactions. In addition, it is pertinent to observe that significant purchases were recorded by the assessee from M/s. Veeram Spiritual Energies Pvt. Ltd., an entity

Deputy Commissioner of Income Tax, Central Circle, Agra vs. Vinah Bansal, Agra

The appeal stand dismissed

ITA 387/AGR/2024[2018-19]Status: DisposedITAT Agra22 Apr 2025AY 2018-19

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.387/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dcit (Central Circle) Shri Vinay Bansal बनाम/ Agra. G-3, Roshanlal Complex Vs. Kinari Bazar, Agra-282003. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aelpb-6036-L (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. S.C. Jain, Ca – Ld. Ar " थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 18-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Ld. Commissioner Of Income Tax (Appeals)-4, Kanpur [Cit(A)] Dated 05-08-2024 In The Matter Of An Assessment Framed By Ld. Ao U/S 143(3) Of The Act On 07-09-2021. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Same Is Adjudicated As Under. The Subject Matter Of Appeal Is Addition U/S 68 & Addition Of Alleged Bogus Purchases. 2. During Assessment Proceedings, It Transpired That The Assessee Obtained Unsecured Loans From 15 Persons As Tabulated In Para-5 Of The Assessment Order. After Examining The Documentary Evidences As Furnished By The Assessee, Ld. Ao Accepted The Loans Partially & Made Addition U/S 68 For Rs.104.90 Lacs With Respect To 7 Individual Lenders.

For Appellant: Sh. S.C. Jain, CA – Ld. ARFor Respondent: Sh. Shailender Shrivastava – Ld. Sr. DR
Section 143(3)Section 68

light of various documentary evidences as furnished by the assessee. By furnishing these documents, the three limbs viz. identity of the lender, genuineness of the transaction and creditworthiness of the lenders stood proved. These findings remain uncontroverted before us. Accordingly, we see no reason to interfere in the same

ITO-19(3)(1), Mumbai vs. Raichand Parasmal Chokshi, Mumbai

In the result, both the appeals by the revenue are dismissed

ITA 1486/MUM/2024[2017-18]Status: DisposedITAT Mumbai22 Apr 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, 305, Ashirwad Building, Lalabaug 10Th Khetwadi Lane, Vs. Mumbai 400012 Mumbai 400004. (Pan: Aaapc6486C) (Appellant) (Respondent) Assessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, Huf Lalabaug 305, Ashirwad Building, Mumbai 400012 Vs. 10Th Khetwadi Lane, Mumbai 400004. (Pan: Aaahr1005A) (Appellant) (Respondent) Present For: Assessee : Shri Umang Shah, Ca Revenue : Shri R.R. Makwana, Addl. Cit Date Of Hearing : 23.01.2025 Date Of Pronouncement : 22.04.2025 O R D E R Per Girish Agrawal: These Two Appeals Filed By The Revenue Are In The Case Of An Individual & Huf Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac) Delhi, Vide Order No. Itba/Nfac/S/250/2023- Ay 2017-18 24/1060184522(1) Dated 29.01.2024 For Individual & Order No. Itba/Nfac/S/250/2024-25/1064573907(1), Dated 02.05.2024 For The Huf, Passed Against The Assessment Orders By Income Tax Officer 19(3)(1), Mumbai U/S. 144 R.W.S 147 Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 29.05.2023 & 21.04.2023, Respectively For Individual & Huf For Assessment Year 2017-18. 2. Appeal In Ita No. 1486/Mum/2024 Is By The Individual & That In Ita No. 3374/Mum/2024 Is By The Huf With The Present Individual As Its Karta. Common Issue Is Involved In Both The Appeals By The Revenue, Raising Identical Grounds Except For Variation In The Quantum Of Addition Made By The Ld. Assessing Officer. Accordingly, Grounds Taken By The Revenue In The Case Of Individual In Ita No. 1486/Mum/2024 Are Reproduced As Under:

For Appellant: Shri Umang Shah, CAFor Respondent: Shri R.R. Makwana, Addl. CIT
Section 10Section 10(38)Section 144Section 68

Monotype after payment of applicable STT, which as per provisions of section 10(38) of the Act is considered as exempt income. iv. genuineness of the transactions is supported by contract notes, ledger copy, DMAT statement and bank statement. v. transactions were made through banking channel. vi. No effective cross

ACIT, Circle-5.1, Kolkata vs. Yadav Prasad Tosniwal, Kolkata

In the result, appeal of the revenue is dismissed

ITA 1730/KOL/2024[2010-11]Status: DisposedITAT Kolkata21 Apr 2025AY 2010-11

Bench: Shri Rajesh Kumarआयकर अपील सं/Ita No.1730/Kol/2024 (नििाारण वर्ा / Assessment Years : 2010-2011) Acit, Circle-5.1, Kolkata Vs Yadav Prasad Tosniwal, 638, Basanmoyee Apartment Rabindra Sarani, Bagbazar, Kolkata-700003 Pan No. :Acipt6576E (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. राजस्वकीओरसे /Revenue By : Ms. Madhumita Sas, Addl.Cit नििााररतीकीओरसे /Assessee By : Shri Siddharth Kejriwal, Ar सुनवाई की तारीख / Date Of Hearing : 17/04/2025 घोषणा की तारीख/Date Of Pronouncement : 21/04/2025 आदेश / O R D E R This Is The Appeal Filed By The Revenue Against The Order Dated 18.03.2024, Passed By The Ld. Cit(A), National Faceless Appeal Centre, (Nfac), Delhi For The Assessment Year 2010-2011. 2. As Per The Office Record, It Is Noted That The Appeal Is Filed Belatedly By 89 Days. In This Regard, The Revenue Has Filed Condonation Application Stating Therein Sufficient Reasons For Condonation Of Delay. Considering The Reasons Stated In The Application Of The Revenue, The Delay Of 89 Days In Filing The Present Appeal Is Condoned & The Appeal Is Admitted For Hearing. 3. The Revenue Has Raised The Following Grounds :- 1. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Deleting The Additions To The Tune Of Rs 17,75,988/- Made U/S 68 Of The I.T. Act Made On Account Of Unaccounted Transactions, Ignoring The Evidences Brought On Record By The Assessing Officer To Establish That The Genuineness Of The Transaction & Creditworthiness Could Not Be Satisfactorily Proved In This Case?

For Appellant: Shri Siddharth Kejriwal, ARFor Respondent: Ms. Madhumita Sas, Addl.CIT
Section 147Section 148Section 68

made on account of unaccounted transactions, ignoring the evidences brought on record by the Assessing Officer to establish that the genuineness of the transaction and creditworthiness could not be satisfactorily proved in this case? 2 2. Whether on the facts and circumstances of the case and in law the order

ACIT, New Delhi vs. Neeraj Aggarwal, New Delhi

The appeal of the Revenue is dismissed

ITA 3980/DEL/2024[2016]Status: DisposedITAT Delhi21 Apr 2025

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2016-17 Acit, Vs Neeraj Aggarwal, Central Circle-17, Rz-227B, Sadh Nagar, New Delhi. Gali No.6, Palam Colony, New Delhi – 110 045. Pan: Afnpa1136K (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Ms Bhavya Garg, Advocate Revenue By : Shri Sunil Kumar Yadav, Cit-Dr Date Of Hearing : 21.04.2025 Date Of Pronouncement : 21.04.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 10.06.2024 Of The Commissioner Of Income-Tax (Appeals)-31, New Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.Cit(A), Delhi-31/10297/2019-20 Arising Out Of The Appeal Before It Against The Order Dated 29.12.2017 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Central Circle-17, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Sudesh Garg, Advocate &For Respondent: Shri Sunil Kumar Yadav, CIT-DR
Section 143(3)Section 68Section 69A

Assessing Officer that the appellant has not been able to discharge the onus of prove the identity, creditworthiness of the creditor and genuineness of the transaction. Thus, the Assessing Officer has not invoked the provisions of section 68 of the Act in bringing to tax the amount of Rs.3 Crores

Asstt. Commissioner of Income Tax-6(1)(1), Mumbai vs. Dewanchand Ramsaran Industries Pvt. Ltd., Mumbai

ITA 5199/MUM/2024[2017-18]Status: DisposedITAT Mumbai21 Apr 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Asst. Commissioner Of Dewanchand Ramsaran Income-Tax 6(1)(1), Industries Pvt. Ltd. Room No. 504, 5Th Floor, Flat No. 15 4Th Floor, Krishna Aayakar Bhavan, M.K. Road, Vs. Niketan, Sion Main Road, King Mumbai-400020. Circle, Mumbai-400022. (Pan : Aabcd7193H) (Appellant) (Respondent) Present For: Assessee : Ms. Aarti Sathe A/W Ms. Aasavari Kadam Revenue : Shri R. R. Makwana, Addl. Cit Date Of Hearing : 21.01.2025 Date Of Pronouncement : 21.04.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2023-24/1061827856(1), Dated 06.08.2024, Passed Against The Assessment Order By Assessing Officer, Circle 6(2)(1), Mumbai, U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 25.12.2019, For Assessment Year 2017-18. 2. Grounds Taken By The Revenue Are Reproduced As Under:

For Appellant: Ms. Aarti Sathe a/w Ms. Aasavari KadamFor Respondent: Shri R. R. Makwana, Addl. CIT
Section 143(3)Section 28

mitigating financial crisis faced by it. Identity and creditworthiness of the investors is not doubted and also there is no question on the genuineness of the transaction in this respect. Assessee could not 8 Dewanchand Ramsaran Industries Pvt. Ltd. A.Y. 2017-18 comply with certain requirements with